Judge's clears way for Kamloops to borrow $275M, resume work on new civic facilities

Around two dozen people were in a Kamloops courtroom as a BC Supreme Court judge shut down the effort to overturn a pair of municipal loans for new civic facilities. It means $275 million in taxpayer-backed loans will go ahead and the City will resume work on the downtown performing arts centre and a multiplex arena near Kenna Cartwright Park. "I have considered and it is my view the petitioner has failed to establish the city acted unreasonably," BC Supreme Court Justice Joel Groves said today, Feb. 21. Opponents failed in their effort to campaign to stop the loans last summer, then Kathrine Wunderlich of the group Kamloops Citizens United https://infotel.ca/newsitem/new-kamloops-watchdog-wants-to-hold-city-hall-accountable-for-you/it107074 took the City of Kamloops to court over the counter petition process it used. Central to the argument was whether the City properly advertised the counter petition for residents, a process that would have required advertisements in a local newspaper if not for Kamloops This Week's closure in October 2023. "There was nothing unreasonable about what the City of Kamloops did here," Groves said. The counter petition, known as an Alternative Approval Process, was chosen instead of a referendum. They're often used for urgent loan requests and they gauge the temperature of voter approval. If a tenth of Kamloops voters signed the petitions, they would have likely gone to a referendum. "It seems clear from the evidence before the court that those who oppose the bylaw did not garner enough support," he said. Thousands did sign the petitions, but it wasn't enough to stop the effort last year. Though Wunderlich argued it wasn't properly advertised, Groves disagreed. "I see no basis on the evidence before me to conclude the city made any technical mistakes," Groves said. It was "very much" public knowledge and said the city couldn't be seen to have tried to "deceive" the public. "The use of the Alternative Approval Process was something many citizens viewed of skepticism or concern," Groves said, adding that it might serve as a warning for councils. He said when faced with large borrowing requests, citizens might expect to vote on those decisions. He said it's not the role of the court to decide that because the City of Kamloops followed the law. "The province could very well have said through the Community Charter that you can only use this process for certain requests," Groves said. "The province did not." Groves said it's up to voters to make their voices heard over political decisions if they disagree with council, while the court's role is to decide whether government made their decisions properly. "Our role is not to tell governments the decisions they made were incorrect political decisions," Groves said. "We simply apply the law." Wunderlich argued the city provided inadequate information when pitching the two loans including how how they would be funded. She said the timing, too, was poorly chosen as it was during the summer. The provincial government's own guidance suggests avoiding times when people may be away and on holidays. READ MORE: TRU student's career aspirations shattered by 'unfair' university investigation https://infotel.ca/newsitem/tru-students-career-aspirations-shattered-by-unfair-university-investigation/it108206 Despite that guidance, it was the BC Ministry of Municipal Affairs which allowed the city to use an alternative approval process rather than a referendum. To do that, the province required the counter petition for each loan be separated. Groves heard from lawyers on both sides last month https://infotel.ca/newsitem/lack-of-newspaper-ads-central-to-kamloops-aap-court-challenge/it107821 , but took time to consider his decision. With taxpayers are on the hook for $275 million in loans, Wunderlich attempted to overturn the counter petition process with the expectation it come back for a referendum, https://infotel.ca/newsitem/city-of-kamloops-being-sued-over-failed-counter-petitions-to-borrow-275m/it106929 just as was expected when the second iteration of the downtown arts venue was proposed five years ago. The COVID-19 pandemic derailed the referendum and taxpayers have waited years for the proposal to return. To contact a reporter for this story, email Levi Landry mailto:llandry@infonews.ca  or call 250-819-3723 or email the editor mailto:news@infonews.ca . You can also submit photos, videos or news tips to the newsroom mailto:tips@infonews.ca  and be entered to win a monthly prize draw. We welcome your comments and opinions on our stories but play nice. We won't censor or delete comments unless they contain off-topic statements or links, unnecessary vulgarity, false facts, spam or obviously fake profiles. If you have any concerns about what you see in comments, email the editor in the link above. SUBSCRIBE to our awesome newsletter here https://infotel.ca/newsletter .